State Highway Commission v. Northwestern Ice & Cold Storage Co.

Defendant appeals from a verdict and judgment in a condemnation action which was favorable to plaintiff. The taking from defendant was a small part of its total property. The issues presented to the trial court and which form the questions on appeal relate to the damage to the remainder of plaintiff’s property.

There are five assignments of error. The first relates to a requested instruction not given. The request did not accurately state the law in respect to damage to property not taken. The court did give an instruction on the subject which was more comprehensive and would have been more…